CHARLES E. FLOYD AND EVELYN R. FLOYD, HIS WIFE, APPELLANTS,
v.
FIRST EQUITIES LIFE INSURANCE CO., APPELLEE
CHARLES E. FLOYD AND EVELYN R. FLOYD, HIS WIFE, APPELLANTS,
FIRST EQUITIES LIFE INSURANCE CO., APPELLEE
364 So. 2d 514
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The record before the trial court having neither the certificate of insurance of the original insurer nor its successor, and without the trust agreement referred to in the original subscription contract, the summary judgment entered in favor of the insured under an alleged group policy was erroneous and is reversed.
This cause is remanded for further proceedings consistent herewith, which may include additional motions for summary judgment from either party upon an appropriate record.
Reversed and remanded, with directions.
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Citator
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First Equities Life Ins. Co. v. Floyd, 379 So. 2d 1009 (Fla. 3d DCA 1980)…65); Saskatchewan Government Ins. Office Co. v. Padgett, 245 F. 2d 48 (5th Cir. 1957); American Automo [*1010] bile Ins. Co. v. Pajor, 316 So. 2d 612 (Fla. 4th DCA 1975); 18 Fla.Jur. Insurance § 455 (1971); see Floyd v. First Equities Life Ins. Co., 364 So. 2d 514 (Fla. 3d DCA 1978).…